Hal Jordan

My last collection.. Trying an SOL letter to get them to delete.

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The statute of limitations in my state expired on this bad boy 08/2011. So I waited until 09/01/2011 :D and wrote them this letter.

I have had all of my collections removed or deleted with the exception of this one. I wrote a combo cease and desist letter with SOL language and demanded they remove their entries from my credit reports.

Will it work? Who knows.. Is it worth a shot? Absolutely, you won't know if you don't try. Sure, It's all bark with literally no bite and they may simply choose to ignore it or respond with a we're stopping collection efforts letter but we're still gonna report your debt to the credit bureaus for two more years yada yada yada.

I sent them a DV letter in February and they responded with a statement from the OC showing what I owed.. I left them alone after that because the SOL was getting close. Well, they expired now so they get to hear from me again.

My options if the bluff letter doesn't work are to work out an arrangement with the OC. It's a collection for a medical bill and I'm 3 for 3 on reaching out to Medical providers and paying them directly when they have agreed to recall the debt from the CA with instructions for deletion. so I'm farily confident I can go that route if I so choose.. OR I may just do nothing and let the thing fall off on it's own in two years anyway. My credit score is knocking on 700 as is and I don't see any immediate need coming up to apply for new credit. So that's an option too..

Anyway, it's more of a shot in the dark and see what happens kind of approach but I figured I'd give it a try.

Here's the combo SOL/C&D letter I put together and sent them..

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Date 09/01/2011

Scumb bag collections

Somewhere street

anywhere, USA

Account # XXXXXXX

Original Creditor: Former medical provider

To whom it may concern,

This letter is in response to a collection that you have listed on my credit reports.

In February of 2011 I sent you a letter requesting proof that this debt was mine. I did not receive anything from you that confirmed this to be the case. I believe this account you have is a mistake and is erroneously being reported to my credit reports as mine. Therefore, I demand this erroneous debt be removed immediately..

Not only do I dispute the validity of this debt but I have also taken the time to check with the state of Kansas’s Attorney Generals office and I verified that the Statute of Limitations for enforcing this debt through the courts in Kansas has already expired per (KSA 60-511).

As such, This letter is your formal notification that I consider this matter closed and demand that you, and anyone affiliated with your company, Cease and desist all collection activity against me and stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated and your negative trade lines are being removed from my credit reports or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Furthermore, I demand that you immediately remove all listings you have made to my credit reports (namely Transunion, Equifax and Experian) regarding this erroneous debt.

Be advised that I consider any collection activity not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will not hesitate to file a lawsuit against your agency should you violate any of my rights outlined within the FDCPA, FCRA or the Kansas Consumer Protection act (KCPA).

Sincerely,

Hal Jordan

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I think it's got a larger chance of not working than working.. but again. I won't know if I don't try.. and either way. I have zero intention of ever paying the collection agency one red cent regardless of what happens. I may choose to pay the OC and get deletion that way but either way this will be my last communication with this particular CA.

Edited by Hal Jordan
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Gone from Transunion!

Actually worked.

I waited about 10 days after they received my letter then I submitted a new round of disputes to all three credit bureaus.

Previously this collection was verified by all 3 bureaus and proper debt validation was given to me back in February of this year.

Good news! I Received notification from Transunion over the weekend that they have removed this little nasty which was the last collection listed on my reports.

And now.. Officially with my last collection being removed my Transunion FICO score is now a 703

Broke the 700 club.

Edited by Hal Jordan
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I do..

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Todays date

Account number: XXXXXX

To whom it may concern:

I do not owe what you say I owe. I dispute this debt in its entirety.

signed,

Me

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They really don't need to say anymore than that.. ;)

Edited by Hal Jordan
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I got an unexpected follow up on this debt Friday in the mail.

The original CA deleted their tradelines from all three of my credit reports and returned the debt to the OC (which is a medical provider). The amount was only a couple hundred dollars left on what my insurance didn't pay.

Well, apparently the OC referred it to a law firm who sent me a Pay us now letter along with an additional $250 in interest and attorney fees.

First off.. The SOL expired on this debt in August 2011. The DOFD was 08/17/2006. MY SOL in Kansas is 5 years.

The Letter didn't really have the mini maranda in it. It was just a dunning letter telling me I had 30 days to request validation and if they didn't hear from me in 30 days they would consider the debt valid.

Here is the last paragraph in the letter.

"It is our inention to do whatever is necessary to collect this amount. Please forward any payment directly to (Attorney's name and address) to ensure proper credit on your account. If you wish to discuss this matter before further action is taken, please call your account representative at (attorney phone number). Any information given will be used to collect this debt."

Is this an FDCPA violation for lack of Mini Maranda? "The whole this letter is from a debt collector and is an attempt to collect a debt and any information obtained will be used for that purpose"? It doesn't contain that language anywhere all it says is what I posted in bold above.

What should I do with this? Should I write them a go pound sand letter... The debt is past the SOL and if you sue me I will counter sue you for the FDCPA violations for not sending the minimaranda and for filing on a suit past the SOL?

Or should I just send them a "What will you do if I don't send you payment letter? Combined with C & D language and see what happens?

Maybe I should start a new thread... :|

Edited by Hal Jordan
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Keep it short and simple. They know the legal details.

I hereby dispute this debt (your account number #nnnnnnnnn) in its entirety because it is past the five year statute of limitations time frame which ended on August 18, 2011. Find attached photocopies of paperwork showing the date of default as August 17, 2006.

Then a week or two later:

I hereby demand that you cease all communication regarding this debt (your account number #nnnnnnnnn). I am invoking my right of cease communication under the Fair Debt Collections and Practices Act.

Of course, both via CMRRR. It can still be on your CR for a couple more years.

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I'm hoping to get an update from Hal Jordan as the statute of limitations has run out on my debt and I'm planning to send a similar letter out myself. Just wondering what happened if/when you contacted the attorney that made demand for payment.

Any information would be appreciated.

And excellent job on the letter.

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Well the CA sent the debt back to the OC. I disputed them with the credit bureuas and they all went off except for Equifax. I thought the CA's had deleted them off of all three from the letter I got but I re-read it and it just says they are closing the account and discontinuing collection activity. Since I had disputes with all 3 agencies and two of them deleted I assumed the CA pulled their lines. Well Equifax verified it as open with the CA which I know can't be true because I received a letter from the Collection agency saying they were closing my account and referring it back to the OC. I called equifax and asked for the method of verification used per my rights under the FCRA and the girl on the phone talked me into just opening a new dispute. So we'll see what comes of that before I move onto the next step.

WRT to the Attorney. I sent the letter and they received it but I haven't heard anything back from them yet. I'm not sure that they will respond to be honest.

Edited by Hal Jordan
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Thanks for responding. I'm planning to do the same thing, but honestly I'm a little scared of the response. From what I've read, this sometimes leads to the CA deleting, but just as often leads to contact from an attorney threatening to sue, which I guess I shouldn't be concerned about since the statute has run its course already. The idea of going to court is still a little intimidating.

I'm especially determined to get the CA to delete from my husband's report. He was an authorized user, but somehow they ended up reporting on his and not mine. Go figure.

I disputed with Experian because they don't report negative authorized user accounts. We'll see what happens with that.

I'm wondering if by reporting it as an individual account they violated the FDCPA. Still researching that angle.

Anyway, thanks again for sharing your story.

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I've read differing opinions on that, but the way I interpret the Act, it seems it's a violation if they sue or threaten to knowing the SOL is up, which is why I'm considering writing a C&D informing them of that fact; however, I know some think it's foolish to send them your defense allowing them to prepare for it.

I'm starting to think I should write a C&D/list of potential FDCPA/FCRA violations/threat to report to the AG, FTC, BBB, etc./SOL is done/judgment proof letter. At this point I may have read too many posts in too many forums.

I'm not in a position to get an attorney unfortunately.

And I'm not really familiar with the NACA, so I'll check them out and see if there's any valuable information on their site.

Thanks.

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I've read differing opinions on that, but the way I interpret the Act, it seems it's a violation if they sue or threaten to knowing the SOL is up, which is why I'm considering writing a C&D informing them of that fact; however, I know some think it's foolish to send them your defense allowing them to prepare for it.

I'm starting to think I should write a C&D/list of potential FDCPA/FCRA violations/threat to report to the AG, FTC, BBB, etc./SOL is done/judgment proof letter. At this point I may have read too many posts in too many forums.

I'm not in a position to get an attorney unfortunately.

And I'm not really familiar with the NACA, so I'll check them out and see if there's any valuable information on their site.

Thanks.

If you can't get any help from NACA, you can sue on your own.

If you don't want to sue, you can send a C & D. Be sure to state that you dispute the debt and don't recognize it. You can also include that in the event that the debt is valid, it's time-barred. Send the letter CMRRR. If they sue, you have a counterclaim. By sending the letter, you'll have proof you disputed the debt and gave them a chance to do their research to make sure the debt wasn't outside the SOL.

Personally, I wouldn't include the FDCPA/FCRA information in a letter. They already know that stuff, and they don't care. But that's your decision.

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I've read differing opinions on that, but the way I interpret the Act, it seems it's a violation if they sue or threaten to knowing the SOL is up, which is why I'm considering writing a C&D informing them of that fact; however, I know some think it's foolish to send them your defense allowing them to prepare for it.

I'm starting to think I should write a C&D/list of potential FDCPA/FCRA violations/threat to report to the AG, FTC, BBB, etc./SOL is done/judgment proof letter. At this point I may have read too many posts in too many forums.

I'm not in a position to get an attorney unfortunately.

And I'm not really familiar with the NACA, so I'll check them out and see if there's any valuable information on their site.

Thanks.

Many FDCPA lawyers will take your case on contingency... meaning you pay nothing up front.

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Here's a copy of the letter I sent. You could modify to fit your own needs if you so choose. It is clear in the C&D language and it mentions the fact that the SOL has run. It also threatens without being too wordy a counter suit should they file.

Dear Mr. Attorney:

I am writing in response to a letter you mailed me regarding an alleged debt with (medical provider). Your internal file # 123456789.

The alleged debt you reference has past the statute of limitations in the State of Kansas per KSA 60-511. This letter serves as your formal notification that I will not be making any payments on this alleged debt. I request that you, and anyone affiliated with your firm, cease and desist all collection activity against me and stop contacting me immediately regarding this or any other matter.

Be advised that any attempt to bring suit for this alleged debt will be met with an affirmative defense that the statute of limitations has expired along with counter claims being filed against you and your firm for violating the FDCPA and the Kansas Consumer Protection Act (KSA 50-623).

Sincerely,

Hal Jordan

123 Anywhere street

Anytown, USA

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I see you're in California and they have something very similar to the KCPA of my state. It basically gives some teeth to the FDCPA. You could look up the statute for that and add into your letter.

Edited by Hal Jordan
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I so appreciate all of you taking the time to respond.

I'm still revising my letter and waiting to see what happens with the dispute through Experian, but I plan to send it CMRRR within the next few days here.

I'll write an update when the time comes, hopefully with good news.

Thanks again.

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